>> clayton: no, no. >> what we do there will be off the record. >> steve: george hamilton will be in our after the show show. i think it will be great. he was here for all american game show week. it continues extraordinarily tomorrow. we hope you'll join us for that. >> i will come back. let me do it one more time. shot. nice. fox news alert. we're almost a year since the attacks in paws gauze. now the -- benghazi. now the first criminal charges have is filed. four suspects named. leader after libyan militia. same man interviewed after the attack by several news organizations including the fox news channel. our interview took place nine months ago. good morning, everybody, i'm bill hemmer. welcome to "america's newsroom." nice to see you heather. >> i'm heather childers in for martha maccallum. the charges are sealed. so we don't know who exactly was named. bill: that's right. the justice department says the investigation is a top priority. the republican says the

administration is tooking its good ol' time to cover up mistakes the night ambassador chris stevens and three others were killed. steve centanni leads our coverage in washington. the charges are what here, steve? >> reporter: we don't know the charges or the names of the accused because the indictment is sealed. we know the indictment did come down. these are the first criminal indictments or the first indictment in the aftermath of the attack on the u.s. consulate in benghazi, an attack as you know that left four americans dead. the justice department is only saying that the ongoing but a u.s. official confirmed for fox news the indictment has been issued. president obama was asked on "the jay leno show" last night whether his reaction to the new terrorist threat might have been an overreaction in the wake of obama, and he said, i'm sorry in the wake of benghazi. he said one thing i have tried to do as president is not overreact but make sure as much as possible the american people understand that there are

genuine risks out there. now the indictments come days after republican members of congress put new pressure on the incoming fbi director james comey to renew focus on the investigation into benghazi, bill. bill: curious, what congress is saying about this what have you heard from lawmakers about the progress or lack thereof 10 months down the road? >> reporter: there are republican critics of the president saying more should have been done sooner. they're questioning why none of the suspects have actually been arrested. darrell issa. bill: chairman of the oversight committee, republican from california, said usama bin laden was criminally charged long best september 11, 2000 one terror attacks was not apprehended. it will only put american lives at further and needless risk. now one of the individuals charged is libyan militia leader, katala in an interview he conducted with fox news last year but he was at the scene

last year and only directing traffic. he denies being a ringleader as others have claimed. bill: thank you. steve centanni reporting in washington. heather has more on this. >> it has been a long road to get to these charges. we remember it was september 11th last year when the attack happened and it wasn't until october 4th, 2012, 23 days after the attack when fbi agents finally got to benghazi and they went to the ruins of consulate. 87 days from the attack the fbi questioned questioned harzai for three hours with a tunisia judge present. one month later in january the fbi released him following a three-hour interview with agents. later that month fbi director robert mueller met with senior libyan officials. we're now 232 days from the attack the fbi released photos of three men wanted for questioning saying they were on the ground of the consulate that

tragic night. bill: our next guest says this is all an insult. stephen hayes, weekly writer, "weekly standard," fox news contributor. good morning to you. explain the insult. >> i mean, look, you can only hope these charges will hasten the end to what has been really a long, embarrassing episode for the united states. you point out what heather was just talking about with ali hanzi. this is somebody the tunisias apprehended. they held him in custody. the united states went to the tunisia ann government and asked to interview him. they asked for a short amount of time with the lawyer. when fbi showed up to interview him, they were photographed by other terrorists in indonesia -- tunisia and supporters of. those photos were released on facebook and he was months away released by the tunisians to walk away a free man this has been tremendously embarrassg

to the united states government. bill: greg palkot interviewed one of these guys like nine months ago. >> right. bill: another network gone on it couple weeks ago. you have a new fbi director. does that explain why they're making a move on this now? what would explain why it took so long? >> that's a good question. the justice department statement that was out yesterday said the investigation's ongoing but also noted that it has been a top priority of the u.s. government over the past year. let's be clear about one thing. this has not been a top priority of the u.s. government over the last year. we know what it looks like when the u.s. government makes something a top priority and it doesn't take 11 months to basically just file charges. if this were a top priority of the u.s. government we would have been on the ground apprehending or maybe killing the people involved in this attack early on. fox news has been reporting for month that we've known the identities of nearly two dozen of the people who participated in the benghazi attacks. we haven't, we haven't done anything about that. we haven't gone and gotten them.

bill: steve -- >> filing charges doesn't solve the problem. bill: you're right about that and that last point has to be taken very seriously. why make the charges a headline? go and get these guys? that's the story. >> i think that's right. there was a briefing on capitol hill i think about six weeks ago where the fbi in effect was saying, look, we can't work on the ground there because the security situation has deteriorated so badly it would require much more of a u.s. presence than we want to have in order do the kind of things that we do. the cia on the other hand was saying, well we have people operating on the ground there but we're not in a position to go out and snatch these guys anymore. we can't just grab them. so you have in effect two u.s. intelligence agencies, or agencies working on intelligence with respect to benghazi sort of pointing past one another saying we can't solve the problem on our own. that sound much more like a keystone cops operation than it does a top priority of the u.s. government. bill: you're right. i don't disagree with that too.

you think about the reflection internationally through all this. would you expect an apprehension? >> i would expect something. look, we also know that mohammed al-kashif, who trained some of the benghazi attackers has been in the custody of egyptian authorities for many months, i think january. u.s. government went to the government and asked for access to him. so far i know has not gotten one-on-one, solo access to find out what he knows. we're the u.s. government. we're giving the egyptians more than a billion dollars of aid a year. we should be able to make demands to see somebody involved in an attack that took the lives of four americans including an ambassador. we need to be serious about this and actually make it the top priority that the justice department claims it has been all along. bill: you're so right. they were our people, our citizens, our ambassador who were killed. stephen hayes, thank you. next hour we'll talk to congressman jason chaffetz on all this.

he was the first lawmaker on the ground in libya. went to tripoli days after the terror attack. he is coming up at top of the next hour with more on this. >> mortgage lenders and bankers not so sure about the president's plan to deal with the housing market. president obama wants to do away with government-backed mortgage giants, fannie mae and freddie mac. but people in the industry say that could be devastating. stu varney is the heavy of "varney & company" on the fox business network. so, what say you, stu? what do you think? >> first off, heather, let's sweep away the jargon. let's get right at what the president wants to do. as you said he wants to sweep away fannie and freddie. those are government housing agencies. he wants to bring on the private banks. he wants private banks to play a much bigger role in granting mortgages. the president also wants more loans to poor credit borrowers. he wants more cheap refi loans and he wants more affordable

housing. if he wants to do all of that he has got to tell the banks to do it. this is a form of social engineering. it is coercing private banks to do the political will of the president. it is very risky. therefore, heather, at the end of the day, the taxpayer will still be on the hook if there is another crash. >> you know what i heard in all that, stu? more loans to poor credit borrowers. >> yes. >> have we not been here before? it sounds awful like what caused us to get in trouble in the first place? >> in my opinion, yes, this is a repeat what we've seen before. if you use the power of government to get people into loans that they may not be able to repay, you are repeating the policy that got us into trouble 10 years ago. it is politically attractive. it is the social goal of increasing homeownership, politically attractive but maybe it is risky repeat policy. >> yeah. the speech coming what, nearly

five years after we bailed out freddie mac to the tune of $154 billion that we're just now starting to repay. >> yes, correct. >> thank you, stu. >> thank you, heather. bill: got some breaking news here fresh off the wires. president obama canceling a meeting in moscow in early sent with vladmir putin. remember this image from back in june? say a little frosty you think between putin and obama? nsa leaker ed snowden has been granted asylum through vladmir putin in russia to remain there up through one year. it could be extended. perhaps after hanking out at the airport for a month 1/2. there are a lot of questions if a united states president and sit side by side with vladmir putin at a time when he granted american citizen, snowden asylum. that may not happen. at the same time the g20 summit will take place in st. petersburg, russia.

we have all reason to think that will take place and there will be a moment where the president and vladmir putin will see each other and talk to each other and perhaps see a picture other than the one frozen in time. >> that will be interesting. bill: president obama speaking on the global terror threat for the first time to jay leno on late night. was the set after late-night talk show for the comments that have now closed 20 u.s. embassies? we'll debate that. >> the shooter questioning the victims. major nidal hasan with his opening statement that the evidence will show that he was the shooter on that tragic day. we'll have a live report. bill: a warning for every parent out there. the five-year-old son of a soup music superstar nearly died in the family pool. >> he is on the side of the pool. >> does he have any injuries? >> not that we know of. please hear me. >> okay.

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>> the suspect in a horrific hit-and-run in california pleading not guilty to murder and other crimes yesterday. a surveillance video shows the suspect allegedly plowing his car into pedestrians on the venice boardwalk. it happened on saturday. his attorney says that 38-year-old nathan campbell insists the crash was not intentional. >> he is very fragile. is very frail right now. he is very, very withdrawn but he will be very, very cooperative with me. the man has been brought in on a murder charge and there is a huge media throng. he is not only dealing with the charges and incarceration but dealing with all the excitement behind it all. that is very overwhelming. heather: court records show campbell has a long rap sheet, including reckless driving with alcohol. bill: president obama is talking now, his first public comments on the recent global terror threat where 19, 20, 21 embassies have been closed for

now. he made the comments with jay leno on "the tonight show." the president says americans need to cautious when traveling. >> it's a reminder that for all the progress we've made, getting bin laden, putting al qaeda between afghanistan and pakistan back on its heels, that, you know, this radical, you know, violent extreme system still out there. terrorists depend on the idea that we're going to be tearized. we'll live our lives and odds of people dieing in a terrorist attack are obviously still a lot lower than in a car accident unfortunately but, there are things that we can do to make sure that we're keeping pressure on these networks that would try to injure americans and, you know, the first thing i think about when i wake up with and last thing i think about when i go to bed to make sure i do everything that i can to make americans safe. bill: al an homes, talk show host and fox news contributor on the radio.

you can hear alan there. brad blakeman, deputy director of former president george w. bush. this is a comedy show. terror threats were out there six days publicly, brad. is this right venue for the commander-in-chief? >> that was absolutely the wrong venue for the president's first blacker remarks on one of the largest threats we face since 9/11. 20 embassies, assets of the american government were closed. thousands of personnel were displaced. we're not allowed to use the word evacuation according to the state department. according to the state department we didn't evacuate our assets. we had orderly departure. words mean something and when president speaks it means something. bill: force the departure was the word used. >> they had to leave within hours? bill: alan, the venue, were you okay with it? >> i'm fine with it. i think republicans have a lot more things to worry about whether the president does the do night show. -- "the tonight show." it is not just a comedy show. it also has people on all walks

of life and, you know, to go after the president because he happens to be on a show that in fact where arnold schwarzenegger would announce he run for governor of california, where mitt romney did the show. bill: arnold schwarzenegger is not the president of the united states. >> mitt romney ran for president. richard nixon did laugh-in. bill: mitt romney was not president of the united states. >> he wanted to be. so what. bill: hundreds of americans evacuated one day. more embassies closed since 9/11. don't you think people sat at home in the world is going out here? >> nothing has one thing to do with the other you're trying to conflate a potential terror threat. i heard him being called a coward by congressman louie gohmert. bill: be a leader. tell us what is going on. >> bill, i happen to think one thing has nothing to do with the other. you're conflating a terror alert with what -- >> television show the president goes on. they're not related. bill: 12 years since this happened. go ahead, brad.

>> as somebody who scheduled the president if i went in to the off val offices with george bush and faced with same information and closure of embassies i said, mr. president i think the best venue for you to speak to the american people for the first time is on jay leno, i would have been fired on the spot and escorted off the white house grounds. the fact is, the president what he says, where he says it is as important as any decision he will make and the fact is, that his decision was backed up by an appearance not with chris wallace, not with bill hemmer, not with catherine herridge but with jay leno. speaks volumes as to seriousness this president takes. >> what would be really serious, if you focused on real issues you have a disagreement with the president rather than what show he goes on and trying to conflate a terror alert with the fact that he happened to, scheduled." >> there is nothing funny about terrorism. >> he wasn't there scheduled necessarily to talk about terror alert. who is saying there is anything funny about terrorism. historically on shows like "the tonight show," back when jack

poor would host, had people like bobby kennedy -- paar. this has been a venue for people in the culture of united states. there is nothing wrong with this you have got more problems in the republican party than what show the president goes on. bill: you know, i think the big point, you have to sit down with a journalist and explain it, brad. i mean, you you're the commander-in-chief. you can come to the briefing room. you can go to the rose garden the you can go to the oval office, make a statement, reassure people you're on top of it. where is that sense of leadership? >> more people see "the tonight show" than a rose garden appearance. >> there is no sense of urgency. there is no sense of leadership. the president in 2009 when he took office banned word, war on terror, the phrase, from the vernacular of his administration. our enemies look what the president does. what is his response? what is the seriousness. as you point out, bill, this warranted, this warranted an oval office address to the nation why we closed 20

embassies and evacuated our personnel. bill: this is very critical of the president last couple months. alan, last word. go. >> remember during the bush administration, tom ridge, the homeland security, had wrote a book and he said he was forced to raise the terror alert color when they had a color code against his will and he was pressured to do so simply for political purposes. bill: and took a lot of heat for that too. >> let's not have a double-standard here. bill: let's run, buys. next time we'll continue. alan, thanks to you. we're out of time. heather, what's next. heather: jumping out of a perfectly good airplane, that is scary enough. how about doing it while handcuffed an locked in a coffin? we'll hear from the man who did exactly that. bill: will detroit now have the biggest yard sale we've seen in american history? why bankrupt detroit is now assessing its own art treasures to raise money. what in the world will come next? >> nothing's being proposed for sale and nothing is being sold. we need to know how much it is

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bill: flights will resume later today after east africa's largest airport was engulfed in flames. the fire tearing through the arrival section in nairobi, kenya. all flights had to be rereported. took firefighters four hours to put the fire out t was 15 years ago today the embassies in nairobi and tanzania were bombed. investigators say there was no signs after terror attack at the airport in nairobi today. 25 minutes after the hour. heather: a daredevil pulls off an amazing stunt in the skies over illinois. take a look. this is head-cam video of

47-year-old anthony barton picked his way out of handcuffs and this locked coffin. and then, parachuted to earth and safely landing on a farm just west of chicago. julie banderas is live in the new york city juice room. julie, what did this guy do. >> something i will never attempt, i can tell you that. i'm not sure why anyone would lock themselves in a coffin and plunge themselves out of a plane thousands of feet in an air. i guess that's why i'm not an escape artist and i'm reporting on one. his name is anthony martin. he put himself in a wooden box locked and pushed himself out of a plane 4500 feet up and i should mention his hands were shackled. he was in a plywood coffin with a belt around his waist with his arms chained to the belt. it was shut by a prison door lock rigged by a locksmith so no key exists. the box was held by two skydivers before it was dragged

by the plane and similar to the parachutes and drag racers use fighter jets to slow down to kept keep it steady. as it whipped wildly from side to side it hit one of the skydiverrers steadying the box in the face and everyone landed safely to a cheering crowd. he explained on "fox & friends" this morning the biggest challenge for all this. >> escaping from the handcuffs was the least of my problems actually. the box itself had a model 80 jail cell lock on it that locksmiths had scrambled the tumblers in. the real challenge was opening that lock and getting that, betting the door open. >> did i messenger he put himself in there and nobody locked him or forced him in. after freeing from the chains and locks he got clear of the coffin and tracked it as it fell to the ground. heather: apparently this isn't the first time that he actually pulled off this same stunt? >> no. he first did it 25 years ago on his 11th skydive. apparently that august 198 jump

was begging to be repeated. the 47-year-old's fascination with daring escapes began long before at age of 6, he began putting locks apart around putting them back together and began specializing escapes. he was locked in a cage and lowered in the hole through ice in frigid waters. he escaped in under two minutes. i wouldn't want to be this guy's wife if he has one all i can say. heather: what about his parents? you have kids. 6 and 10 years old he started this? i bet he was troubled. >> i would not let my children play with locks. that will be the new thing. no knives and no locks. heather: good rule. thank you, julie. bill: done it before, 25 years ago. you got that and a little bit. experience on it. now he has a book out. heather: no reason to do that. bill: right on. did the latest leak on the terror threat tip off the enemy on the other side? two top republicans have major concerns about this. we'll explain what that's about in a moment, heather. heather: plus major nidal hasan

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bill: back to the headline. 20 minutes ago, president obama will not meet in moscow with vladmir putin in early sent. he will however still attend, we believe, the g20 summit that will take place in russia only in a different city, further to the west and north, st.

petersburg. peter doocy is on this live in d.c. peter what more do we know? good morning there. >> reporter: that's, bill. we heard president obama say just last night on "the tonight show" he will be going to the g20 summit in st. petersburg but the white house is now confirming to us that he will no longer meet with russian president putin in moscow. we heard last week after russia decided to grant the nsa leaker edward snowden asylum that the white house was evaluating the utility of a bilateral meeting and now they say that meeting is off and we're getting the first reaction from some lawmakers, very strong statement from chuck schumer, the democratic senator from new york. he says that the president made the right decision and that president putin is acting like a schoolyard bully and doesn't deserve the respect a bilateral summit would have accorded him and bill, obviously this just happened so we expect to get a lot more reaction from both sides in the next few hours. bill: in that interview last

night with leno he talked with a cold war mentality that vladmir putin is still holding on to. we're also learning about another drone strike overnight in yemen. i believe that is two days in a row now, peter. what do we have? >> reporter: bill, this drone strike took seven al qaeda terrorists off the battlefield permanently, they're dead. while it is too soon how much their deaths will impact this plot we're hearing all about, remember it was something in yemen where this drone strike was that originally prompted the obama administration to shut down 22 embassies and consulates around the world t was a communication intercepted between the head of al qaeda, ayman al-zawahiri and head of al qaeda in yemen. this week roughly 100 americans were flown out of yemen but state department says, despite the danger there, the united states is still going to maintain a diplomatic presence on the ground. listen. >> it is inaccurate to call it an evacuation. this is a reduction in staff.

we are still, we have not suspended operations. obviously you all know that the embassy there is closed through the dates that mentioned and we'll have updates on them as we have them. there are also continue to be commercial flights out of yemen which is something that any u.s. citizen, we would encourage them to undertake. >> reporter: there have reportedly been four drone strikes in yemen in the last week 1/2 as the united states is now aggressively targeting terrorist who is were plotting against us. and when you look forward, how much longer should we expect these strikes to continue, we're hearing that they're going to continue until the people who are plotting against americans overseas are disrupted. >> we could see up tick and aggressive against those in yemen. this could happen in other parts of the world. this doesn't just have to occur in yemen. >> reporter: many terrorists

rejoined al qaeda's effort in recent weeks after being broken out of jails in nine countries. bill. bill: peter doocy with breaking news there in washington. heather: republican senators john mccain and lindsey graham asking whether revealing information about the al qaeda communication intercept that led to the current terror warning could severely damage future anti-terror efforts by tipping off our enemies. peter brookes, a former cia operative and senior fellow of national security affairs at the heritage foundation. thank you for joining us, peter. >> good to be with you. heather: does this put us at risk? >> absolutely. this sort of sensitive intelligence or sensitive information about our intelligence sources and methods is really never good. you don't want the bad guys to know how you do what you do. the magical arts of our intelligence communities and how they gather the information they have. because they can take efforts to, you know, not use telephones or not use email or, anything

else. it also hurts us with international partners, who may be cooperating with us. if they think the information they share with us or more so their intelligence sources and methods are going to end up on the front page of a newspaper, or in the media, they will be very concerned about sharing that information and of course, heather, there is always the possibility a leak like this, whether it was authorized on unauthorized a leak is an unauthorized disclosure of information but it may have been an authorized disclosure of information could put people's lives in danger like our intelligence assets or our own operatives. so we have to be very, very careful about this. heather: i want to ask you about that, peter. as a former cia operative, do you believe that portions of this, if not all of this have been released intentionally? i mean there's a chain of command, so do you believe, a, that this was released intentionally, and b, why so much information? >> right. well we all want these details.

they're fascinating but the is we don't need to know them. the american people have a right to understand what we're doing overseas but this sort of stuff is so sensitive that we didn't need to know exactly how it came about. and of course, like i said, it can be tremendous damage. now whether this was intentional or not i'm not sure. but i am concerned that somebody may have intentionally disclosed this information, even given authorization to do so, perhaps, to defend nsa because the nsa program has been under attack recently but i don't think this was the nsa program that we've been speaking about. , the prism program as it has been called. this is a totally different nsa program. it does put in. sa certainly in a good light if they were responsible for this because it's a masterful piece of intelligence gathering. but again, if you're telling al qaeda how you're gathering information about them, in the future they will be much more cautious and you will probably not be able to pick their pockets the same way you have in

the past. heather: it puts our sources at risk as well. peter, you mentioned nsa. so i will just ask this question. what if it was edward snowden that had leaked all this information? >> well, i mean obviously that's troubling and people do know a lot more now about our intelligence collection programs. i mean obviously this is a devisive issue between civil libertarians and national security types. but the same sort of thing here, i believe that these programs are, you know, are legal, they're constitutional and they protect our national security. and as we've seen in the past, these have broken up intelligence, i'm sorry, terrorism plots, not only under the prism program but this program as well, that the, is being reported, the nsa program that is being reported to have caught, collected information between ayman al-zawahiri and leader of al qaeda in the arabian peninsula. so these are very, very important programs we can protect to use them in the future so when people go in harm's way for us they have the

benefit of having intelligence which is our first line of defense. heather: yeah, and our primary goal of course to protect americans, their security both here at home and overseas. peter brookes, thank you for your insight and joining us. >> thank you. bill: there was a big scare for a music superstar and his son. a day at the pool taking a dramatic turn. the 911 call you will hear that ahead. heather: it may be the priciest garage sale of all time. what devote is now considering after becoming the largest u.s. city filing for bankruptcy.

heather: welcome back. a major scare for inker usher. his five-year-old son nearly

drowning in a family pool. now according to reports the child got his arms stuck in a drain. two employees at the home at the time. they managed to get him out and listen to the frantic 911 call made by the boy's aunt. >> what is status of your emergency? >> yes, i have, my nephew is, was in the pool and he, he went in. i couldn't get him, i couldn't get him. i tried to get him and they got him and they're doing cpr on him. >> okay, stay with me. is he awake. >> huh? >> is he breathing? >> is he breathing? is he breathing? he's breathing, yes, ma'am. >> okay. stay with me. where is he now? >> he is on the side of the pool. they're doing -- >> does he have any injuries? >> no, not that we know of. please hurry. heather: doctors say the child will be okay. we're told usher was not home at

the time. his ex-wife, now reportedly fighting for custody because of the incident. bill: what a moment that must be. heather: terrifying. bill: the largest u.s. city to ever file for bankruptcy might be forced to sell some of its most priceless assets to try to stay afloat. international auction house christie's, it will appraise part of detroit institute of art collection, that is the dia in michigan. including pieces by vincent van gogh like you see here. unemployment rate, 18.6%. 40% of the city's street lights were not working in the first quarter of this year. only a third of the ambulances were in service. long-term debt and liabilities, 15 billion. that includes 3 1/2 billion in unfunded pensions and five 1/2 billion in underfunded health benefits for thousands of its retired workers. critics say selling off the artwork would not even make a dent in the city's debt at this

point. >> we could see the whole of the dia's, value of the works in the dia's collection for whatever the sum is, and, the pension still won't get a penny because they're lined up with and behind other creditors. >> reporter: mat mccall, president of penn financial group llc in studio. good morning to you. >> good morning, bill. bill: though will go and see what everything is worth in detroit, right? how does that work? >> that is the first step of bankruptcy whether individual or city going bankrupt you need to figure out what assets are work. this should not scare every art lover in detroit because they're assessing how much money they have, what the assets are worth. they will look at land detroit owns, how much is the land worth. how much the airport is worth because they own the airport, the city does. this is normal procedure. bill: you look at art museum. parking lots downtown and airport and put all that together. van gogh, this stuff, if could sold at auction could bring in hundreds of millions of dollars

but you are not a fan of selling this? >> i'm not. this is short-term fix. assume they bring in hundreds of millions of dollars. as mentioned $15 billion. it will not put a dent in that number one. number two the only way detroit gets out of this or any bankrupt city for that matter, bill, have people live in there and bring in assets and bring in revenue. how will you bring in revenue? nobody will do that to live in detroit, take away art or sports teams. you have nobody in there. it's a ghost town. bill: arts is part of cultures in every city in america. behind detroit you have huge cities like chicago, oakland, california. there's list of 25 i believe right now that could be facing a similar situation. on the map, there are just 20 cities alone right there. all the red dots represent one. compton, california, fresno, california, harrisburg, pennsylvania, what are they doing now to avoided being detroit? >> this is a very important time right now because a lot of

people are watching detroit. we never had a city this large go through chapter 9 bankruptcy. a lot of people are watching what orr, the guy basically running this will do. look at chicago, for example, 2008. they sold off the parking meters for over a billion dollars to private investor. they have had issues with that because it was actually worth double that. you will see a lot of cities privatize, whether airports, suage or water rights just to bring in cash. longer term this may not be the best move. bill: what do you think the judge in detroit does or, perhaps an arbiter in any of these other cities including chicago if it reaches that point about the unfunded liabilities they're on the hook for right now for all these union contracts that go back decades? >> unfortunately for the union workers i think they will actually get rid of some of these contracts because they will never make up the unfunded liabilities in my mind. there is too much out there. detroit, 3.5 billion, plus 5.5 billion? that is $9 billion. where will detroit come up with

$9 billion to keep the city runing? you can't cut all the city service to pay -- bill: 42 different unions in detroit operating now. we'll see what the judge does. matt, if you want a good van gogh you might have a shot in detroit. matt mccall. to viewers at home, shoot me an email. hemmer@foxnews.com or follow me on twitter, because you asked, bya, one line and a question mark. we'll get to it tomorrow. thanks, matt. >> thanks, bill. bill: here is heather. >> the trial of the fort hood shooter taking a surreal turn on the very first day. nidal hasan made opening statement and then proceeded to question the very people he shot. a live report from fort hood next. >> i saw everybody screaming. i saw the blood all over and the blood on my chest and i couldn't breathe. i tried to to to the ground to take cover, then i started getting shot more. i mean, felt some bullets.

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♪ bill: we're going off to italy. american tourist in hot water. they're knocking a finger off a 600-year-old statue at a museum in florence. medieval sculpture dibrosio on display. the man claims it was accident. the pinky. despite signs, not to touch, art restorers are trying to repair the damaged finger. heather: apparently already replaced once. bill: break it you pay for it. heather: fort hood shooter switching gears completely back in the courtroom as the court marshall enters the second day. major nidal hasan making a blunt

declaration yesterday that he was the shooter in the 2009 massacre. hasan also apologizing but not for killing his fellow servicemembers. these are the faces of the 13 victims shot dead when the former army psychiatrist allegedly opened fire. casey stiegel live in fort hood, texas. sayssy, what did he apologize for. >> reporter: something pertaining to religion. for context let's put up quote. no cameras or recording devices anytime allowed in the courtroom so we're primarily relying on quotes. this is what he said in the brief two-minute statement. we the mujahadeen are imperfect muslims trying to establish the perfect religion in the land of the supreme god. i apologize for any mistakes i made in this endeavor. in other statements major hasan apologized to islamic fighters for his joining of u.s.

military. the court also heard a chilling 911 call yesterday from a woman, who heard the shots. dove under her desk and you could hear the bullets flying through the air on that tape. we also saw dramatic testimony from a sergeant who was shot seven times and survived, a man named alonzo lunsford, who stared hasan down several times from the witness stand yesterday. major hasan did not contract examine that witness, heather. heather: he was very lucky. what can we expect to happen today? >> reporter: of course more witness testimony. we don't know which exact witnesses will be taking the stand. court officials are not giving us any kind of an advanced list in terms of who will be taking the stand. i can tell you we got through 12 yesterday. they went fairly quickly. in fact court adjourned almost an hour early which is pretty much unheard of in a trial or court-martial like this. hasan did not do much talking sitting quietly in his

wheelchair. the he only cross-examined two of the 12 witnesses yesterday. a former supervisor in the army and a man he went to mosque with on the morning of the shootings. there are roughly 300 witnesses ut again, we don'tould be called know how many the government is going to be calling. we know major hasan will be calling at least two but the schedule, still unclear, heather. heather: casey stiegel reporting live. thank you, casey. bill: remember the dreaded furloughs, the government employees forced to take time off because the sequester. turns out the pentagon found some money. money. funny how that happens. we'll explain. heather: one of the main suspects joined in the benghazi terror attack spoke to our own greg palkot in weeks after the attack. greg will join us live about what he knows. plus we'll speak with one of the first lawmakers on the ground after the attack in libya and ask if he is satisfied with the charges. >> the attackers come in here

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bill: it is the story of the morning. fox news alert now. we're nearly a year after four americans were killed in benghazi. the first criminal charges finally have been filed. it's a new hour here on "america's newsroom." i'm bill hemmer. great to see you. hope you have fun at home today in the month ever august as we kick off a whole new hour with you, heather. heather: i'm having fun with you, filling in for mortgage that mack. nice to be here again. one of the charged, ahmed can tall la. , a prominent militia leader in benghazi, greg palkot spoke with him six weeks after the attacks. he said he wasn't on the run and no u.s. official tried to find him. greg joins us live from london.

we understand that you met with him and spoke with him. what did he have to say? >> reporter: he said a lot to us. at least a lost his version of events. he met with us at length. it happened last october when we were in benghazi. when we first reported on the interview. ahmed khatalla agreed to talk to us about anything, but just no cameras. he admitted to being at the consulate the night of the attack. showed no remorse to us about the death of u.s. ambassador to libya chris stevens and other americans. crucially he denied being a ringleader as alleged, denied being a mastermind. denied being a member of the militant group said to be responsible. instead of directing the attack he simply claimed he was directing traffic outside of consulate. he admits being inside the compound, he said he was helping other militia members who were defending the americans who were injured at the time, heather. heather: and greg, when you spoke with him, officials still

had not made contact with him? you said it was what, six weeks after? >> reporter: yeah, remarkable stuff. it was a full six weeks after the attack the fbi team had been on the ground in benghazi a few weeks before. he told us no one had made contact with him. he said he would be happy to speak with the americans, not to say that showed any love for the americans however. he refused to condemn the attack. he sprained that the u.s. had brought it on itself for being involved with libyan affairs. and again, while he denied being a member of the al qaeda-linked ansar al sharia group, he did say he knew militia members. he said he would be in contact with them. he said he agreed with the aims, the goals of the group. his general mood, heather, i have to say, relaxed and defiant. at one point during the interview which we conducted in a terrorist restaurant of a hotel in benghazi, a u.s. surveillance aircraft circled overhead. i pointed to it. he looked up and he simply

shrugged. needless to say we've been trying to get back in contact with him today. unsuccessful. back to you. heather: really interesting stuff. greg palkot, joining us live. thank you. bill: my next guest has been on the story from the very beginning. jason chaffetz the first lawmaker on the ground in libya digging for answers in days after the attack. he went to trope -- tripoli. he is live in his home state of utah. good morning to you. >> good earn mooing bill. bill: why now? >> i don't know the new information the government has to file these charges. these are sealed charges. i would be very curious as to what these charges are. they could make them public. they don't have to be sealed. if they're equivalent of a subpoena to a terrorist on the battlefield the real question is, is the government committed is president obama committed to capture and kill these people? at this point, almost 11 months afterwards, it doesn't appear so. bill: you don't think he is committed even after this? >> i guess what's a little bit scratches your head and a little

built offensive to suggest this is a top priority of the united states government. it hasn't been for 11 months. the most critical tile of any investigation is those, are those days and weeks right after. it took our fbi almost 18 days to even get to benghazi. you had numerous reporters from fox news and "the wall street journal" and cnn repeatedly talk to one of these people that is now charged. we had another person incarcerated in another country. we couldn't even work with that government to even talk with the person or let alone and grab him and turned over to the united states of america. there is not much evidence that the federal government here, the obama administration has been committed to bringing justice to the terrorists who killed four americans. bill: i keep coming back to the question of why? obviously you don't think it's a priority for them. why not? >> i don't know. what i've always wanted from the very beginning is to have the same sort of tenacity in getting after these terrorists. they killed four americans! remember, the other thing that

is very important about benghazi is, it was bombed once. then it was bombed a second time. and there were no consequences. we didn't go after the people who bombed us the second time. and to me that was a precursor for what the tragic events of september 11th. so when you don't take care of the problem it just festers. now you have these terrorists who are still out there. and that is what we're so worried b we don't want this to happen again. bill: do you think it is because certain reporters, certain media outlets, are hot on the trail of this story, putting pressure on them to make a move? what would explain so long? you have a new fbi director? is that part of the explanation, the rationale now? >> remember it was just last week 11 of us in the house and senate, trey gowdy and lindsey graham and others, we joined chairman issa, we sent a letter encouraging the fbi to get actively involved in this. then suddenly one of the other networks, cnn, is doing an hour-long special. within hours of the promotion of those commercial, these charges

are filed? i don't know, maybe that is just a coincidence that it happened within hours after 11 months but, part of me scratches my head and says, well, we just have to keep after them because those families deserve answers and we as a country have to capture or kill those terrorists. maybe it is just a coincidence but really it begs more questions. bill: stephen hayes was on with us an hour ago. he said this is an insult and you wonder how the families take this? >> well, remember it was president obama who said al qaeda was on the run. that we were winning all of this. and yet we have four americans killed and then the administration, rather than prioritizing this, making it truly a top priority, was out there misleading the world saying, oh, it was just this video. when you have the secretary of state months, months after the fact, when you have hillary clinton herself saying, what difference does it make, you understand the true attitude of

not only hillary clinton but president obama, and know here we are for 11 months later, well, this is a top priority. why wasn't it a top priority when secretary clinton testified before congress months best attack? it wasn't then. bill: charges are one thing. apprehension and hunting them down is whole different deal. we'll see if they go that far. five weeks away, september 11th, we'll be one year removed that that point. jason chaffetz at your home in salt lake city, utah. heather: to another fox news alert for you. in a rare diplomatic rebuke, president obama canceling planned one-on-one talks with russian president vladmir putin. now the white house citing russia's move to grant temporary asylum to nsa leaker edward snowden as a factor in their decision. senior white house and foreign affairs correspondent wendell goler is live at white house with more details.

wendell? >> reporter: the white house was signaling this decision so it really came as no surprise. when the u.s. was pushing russia to return nsa liker edward snowden folks here were stressing areas of cooperation with russia. the new s.t.a.r.t. treaty. a land rout to get supplies to the troops in afghanistan and cooperation on the boston marathon bombings. with the decision to cancel the talks after the g20 summit, carney noted not just the snowden but lack proving guess on missile control, global and security issues and civil rights and. observes point to what seems to be a cold relationship between presidents obama and putin. president obama said it may be putin's game face and he is not used to answering pointed questions in public. he told "the tonight show" host, jay leno, said the ex-kgb head get animated when cameras leave

and he sometimes thinks more in the terms of soviet union. >> there is times when they slip back into the cold war thinking and cold war mentality. what i consistently say to them and what i say to president putin is, that's the past and, you know, we've got to think about the future and there's no reason why we shouldn't be able to cooperate more effectively than we do. >> reporter: now the president is still attending the g20 summit in st. petersburg. he says because that's the main forum for discussing the global economy. he says creating jobs, building this country's manufacturing base and improving middle class wages, all depend on how we compete in the global economy. heather? heather: that summit happening, september, what, 5th through the 6th. thank you, wendell. bill: there's a lot of news out of yemen we want to pass along to you. moments ago crossing on the associated press newswire, yemen says it has foiled an al qaeda plot to take over key cities in that country and also blow up gas facilities. apparently that plot's been

broken up. two other items in the past 12 hours. a drone strike overnight took out at least eight members of al qaeda in the arabian peninsula. aqap. it operates out of yemen. formerly headed up by the american alaki, who was taken out on a hellfire missile of his own some months ago. in addition jennifer griffin reports from the pentagon last night that there are 1400 u.s. marines, parked offshore of yemen, a marine expeditionary unit that was there several weeks ago. they're on standby. we have a drone strike reported from the government just moments ago and, this al qaeda plot that apparently has been foiled. so we're working all this. we're trying to put it together and follow it for you when there are more headlines on that, we'll pass them your way. heather: a lot happening very quickly as it continues to unfold. the fort hood massacre suspect admitting in his opening statement that he was the shooter on that tragic day. so should this be a quick trial?

not exactly. why this could drag on for months. bill: very difficult for those families. yet another potential roadblock for obamacare. why a new report says your personal information might be at risk. we will explain. heather: plus new controversy after the leader of the republican party issues an ultimatum to two major tv networks. what he says, cnn and nbc must do if they want to air any republican primary debates in the next presidential race. >> look, we had 23 debates last time. if we have a few less without moderators that are doing the bidding of the democratic party, it's fine with me the great outdoors...

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is a thing of the past. block the acid with prilosec otc, and don't get heartburn in the first place. [ male announcer ] one pill each morning. 24 hours. zero heartburn. [ male announcer ] one pill each morning. i'm bethand i'm michelle. and we own the paper cottage. it's a stationery and gifts store. anything we purchase for the paper cottage goes on our ink card. so you can manage your business expenses and access them online instantly with the game changing app from ink. we didn't get into business to spend time managing receipts, that's why we have ink. we like being in busineative, we like interacting with people. so you have time to focus on the things you love. infrom chase. so you can. heather: welcome back. former president george w. bush reportedly doing great after undergoing an urgent heart procedure. the 67-year-old former commander-in-chief is expected to be discharged today at return to his normal schedule later this week. on monday doctors discover ad

blockage in an artery during the president's annual physical. he had a stent inserted to open the blockage. that was on tuesday. president bush has no previous history of heart trouble. bill: we have a fox news alert now because the military trial for the accused fort hood shooter, nidal hasan resuming at this hour in texas after a first day that took a bizarre turn rather, when the former army psychiatrist representing himself told jurors this. quote, the evidence will clearly show that i am the shooter. the dead bodies will show that war is an ugly thing. jeff king, military lawyer, former marine judge advocate, my guest this morning. sir, good morning to you out of dallas. >> good morning, bill. bill: he already tried to plead guilty. so he has a stage, and a significant one at that. how do you see this playing? >> right. well, i think it is inevitable to everyone in that courtroom to include hasan, there is going to be a conviction in this case

because as you said he has already tried to plead guilty but the law says if you are facing death as a potential punishment that you can not plead guilty. so this is still going to be a long trial. a lot of people think, why can't the government put on a couple of witnesses an call it a day? it can't happen like that because as history has shown the military is not good at prosecuting death penalty cases. the last execution was in 1961. since then there have before several convicted and sentenced to death but they have all been overturned. so the government here is being very, very careful to make sure they cover all their bases. they will call all the witnesses that they have to so it stands up to public scrutiny once this case -- bill: that is really interesting perspective there. will he, do you believe, be given the death sentence ultimately? >> i think so. i mean, you know, it's happened before. military members have been sentenced to death but it just hasn't received this sort of media attention. so people don't really know that

but it's kind of akin to, you know, a smaller state that has death penalty on the books but doesn't really use it a whole lot. in this case i think the government has all the evidence they need to go after the death penalty. and i think this jury will come to that conclusion. bill: here's another quote from yesterday in court. quoting now, we, the mujahadeen, are imperfect muslims trying to establish the perfect religion. i apologize for my mistakes i made in this endeavor. that was part of his, what, two-minute opening statement yesterday. you have to assume the mistakes he apologized before that his failure to carry out what he wanted. to be a mujahadeen fighter and exact more change in america. he clearly has an objective in this trial and he will try and question the witnesses he tried to kill! will the judge allow that? >> well, yes, the judge is going to allow him to question witnesses to the point of him

becoming irrelevant. you mentioned his using this as a forum to exact his agenda, his religious beliefs and why he did what he did. the judge will allow him to question all the witnesses he needs to question. he is representing himself. he is his own lawyer so he will be allowed to do that but the court is going to watch him very carefully to make sure he keeps his questions relevant. if he goes outside those lines and does something to, you know, offend one of the witnesses for no reason and or just to talk about his religious beliefs and push that on any witnesses i think the judge will shut that down right away. bill: let me understand. if he already admitted the killing and his intention for the killing why is he allowed to question these witnesses then? >> that's what the law says. but as yesterday shows, i don't think he is going to be questioning all of the victims in it case. a victim already testified yesterday and hasan sat there and decided not to ask him any questions at all. as you said he already pled. he admitted to being the

shooter. there is nothing to be gained from a witness who is there to testify this is the guy who shot me. bill: as a member of the u.s. military what concerns do you have -- concerns do you have about the stage he is given here? >> the same concerns everyone has. we're worried about the, you know, the security of everyone involved. i think they have taken the proper precautions in that matter. i've been actually to that courthouse for a trial couple months ago. bill: and? >> and it already was surrounded with barriers and watch towers and things of that nature. so, there have been threats in the past. i think there is evidence of that in this case in fact. so, you know, you just want to make sure that everyone gets out of this okay. bill: there was one thing the prosecutors presented yesterday that i have yet to hear about. they believe he staked out the particular time of day trying to figure out when the highest number of people were in this processing facility. and that's when he decided to strike. and he said, quoting again, the

evidence will also show i was on the wrong side but then i switched sides. that certainly must be chilling for victims who have survived and family members living through this. jeffrey, sir, thank you for your time, out of dallas with us. >> thank you, bill. bill: 20 minutes past of the. >> appreciate it. heather: coming up a father making an impassioned plea for a suspected kidnapper to give him back his kids. >> jim, i can't fathom what you were thinking. the damage is done. i'm begging you to let my daughter go. heather: and now the massive manhunt four the suspect and why he called him by his first name. bill: drama in that story. heather: yeah. bill: one town is opening season on a drone. see that? for only 25 bucks you can grab your rifle and go ahead and aim for the skies. we'll tell you where and why.

bill: a bit earlier today we woke up to this scene in cleveland, ohio. crews demolishing a home where three women were hello captive more than a decade. kidnapper, rapest and murderer ariel castro sentenced to life in prison plus one thousand years. one of the victims watched demolition holding yellow balloons. she had a message to all those still searching for missing loved ones everywhere. >> why it was important to be here because nobody was there for me when i was missing. i want the people out there to know including the mothers that they can have strength, they can have hope. and their child will come back. bill: it was three months ago yesterday when the women escaped. may 6th, when one of them broke out of the house and yelled for help there in cleveland. heather: a desperate plea from the father of two missing

children. san diego police issuing a amber alert for eat than and hannah anderson after investigators found the remains of their mother and an unidentified child. well now the children's dad is addressing the suspected killer and kidnapper and telling his daughter, to escape if she can. -- >> the damage is done. i beg you to let my daughter go. you've taken everything else. hannah, we all love you very much. if you have a chance, you take it. you run. you will be found. thank you. heather: will carr is live in los angeles. will, what can you tell us about the suspected kidnapper? >> reporter: well, good morning, heather. police want everybody to pay close attention to the picture we're about to show you. take a look at picture of 40-year-old, james lee, dimaggio. they believe on sunday, he

killed christina anderson and burned it down and unidentified child and took off with one or both of anderson's children. that led to an amber alert. 16-year-old hannah and 8-year-old ethan are missing now. at this point police are saying ethan's body was found inside of the house but they're awaitings on dna results. >> there was a child's body recovered in the rubble of the house that was burned out. literally that is all the information which have as to the identity and location of ethan. we don't know if that is ethan's body that was discovered and we're keeping our hopes alive that he is still out there and alive. >> reporter: last night a vigil was held near san diego. family and friends showed up. we also heard from the children's father who urged dimaggio to do the right thing. right now it is unclear if dimaggio had a romantic relationship with the kid's mother. he spent a lot of time with the family. when it comes to motive, police

are not exactly sure what head up to sunday. heather. heather: will, do police have any idea where dimaggio is headed? >> reporter: that is is the big question right now. it was monday night into tuesday, early tuesday morning that people across california actually received amber alerts on their cell phone. that is part after new controversial alert system. we can tell you that police believe dimaggio could be headed to texas. they also say he could be going to canada. they admit they're not exactly sure where he is going. he is in a blue, four-door nissan versa. they're asking people to keep an o eye out for him and both children. heather: thank you, will. we appreciate it. bill: they have some evidence and information. we'll see how far he gets. yet another tangle now for obamacare. the feds are falling behind in a critical aspect of the law. we'll explain what that is in a moment, heather. heather: and love this. the manning brothers, can you recognize them? like you've never seen them before. bill: who raps better?

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heather: a government report on obamacare raising concerns that americans may be put at risk

when they sign up for health insurance. an inspector general finding that data security testing is months behind schedule, increasing chances that online insurance markets may be vulnerable to hackers and identity thieves. the editor of redstate.com and a fox news contributor, so, eric, hackers could have access to our personal data via obamacare? >> well, not just the nsa anymore, yeah. it's looking that way. the obama administration doesn't seem to really value the privacy of americans inside or outside of obamacare. this is really just another reason the republicans should go and defund it's not going to be ready in time as several democratic senators have said, this is going to be a real train wreck. heather: and we're looking at october 1st it's supposed to be unveiled and go live. in these exchanges the information that will be included about all of us will be our identity, our income, other

information that has to be supplied on the application. they've had three years to get this under control. why are we having these problems now? >> well, i don't think the obama administration really expected the states to punt on the state level exchanges, they expected the states to be doing a lot of this work instead of the federal government. well, it turns out that people didn't want their states bogged down in these things, so they're making the feds do it. the obama administration was completely caught off guard by states not really wanting to take on more federal bureaucracy. they didn't understand the way people think or work which is another reason this is going to be such a train wreck. heather: all right. we've already seen the delay of the employer mandate. what do you think's going to happen here? will it be fixed in time? or will this cause another delay? >> oh, i suspect it'll cause another delay. ted cruz and mike lee of the nat and congressman meadows in the house want republicans to not

fund obamacare and the continuing resolution. they're talking about maybe a compromise of delaying the individual mandate. they should just go ahead and defund it altogether through the cr. this isn't going to be ready even if we devoted more federal resources. they can't get it done in time because the obama administration never thought they would have to do all the work. they thought the states would do it, and they were wrong. heather: you mentioned the nsa briefly. we're not just talking about hackers, we're also talking about, you know, protecting this information from the government itself. >> well, the irs is going to be implementing obamacare. remember, they'll need your social security number. we've seen now it looks like irs and sec collaboration against companies, it's only a matter of time before they start looking into individuals. we've seep that happen with donors -- we've seen that happen with donors to mitt romney. i don't think the democrats really look at this and see it as a problem, but it is a problem. rogue irs agents and the washington office collaborating to harass individuals, and now they get in charge of our health care? wait until the irs makes your

health care decisions with your private information. heather: you said they're not taking this problem seriously. what do you think needs to be done? >> i think they need to just go on and recognize this isn't going to work. the republicans should defund it. if they won't defund it, they certainly need to begin delaying more of it. they need to keep kicking the can down the road til we can build some momentum to get it completely repealed. this can't be implemented by october 1st. they're already giving congressmen and congressional aides exemptions to the law knowing it won't be implemented by october 1st. they should give everyone in america what they're giving members of congress, or they should kill it. heather: yeah, also waivers for unions. so if they don't kill it, what other options do you think can be put on the table? >> there really aren't a lot of options. if we palins won't fight to delay or -- if republicans won't fight to delay or defund it, we're kind of stuck with it. i do think once the american people realize what a disaster it is in 2014, they'll have the

last say at the ballot box. heather: thank you so much. eric erickson, we appreciate you joining us. >> thank you. bill: there's a lot of rain moving across the country and a lot of flooding in missouri where the state patrol continues searching for the mother of a 4-year-old boy who drowned yesterday. evacuations also underway with some 200 families already forced out of their homes. have a listen here. >> i communicated with all neighbors with flash lights to make sure that we were all still okay, and as soon as we opened our front door, the river had come automatic way through here. all the way through here. bill: maria molina's live in our fox be extreme weather center. maria, what are you seeing out there this morning? >> good to see you. good morning, everyone. unfortunately, we've been dealing with a lot of heavy rain over the same areas so that does include parts of kansas, missouri and down into arkansas. so we have been experiencing a lot of flooding across these areas. the ground is already saturated.

i want to show you just how much rain we've received just in two days, so just within the past 48 hours. that color coding right there, that dark purple into lighter purple, that's anywhere between 8 to even 12 inches of rain, so just devastating results across sections of missouri, especially in the southern half of the state, that's where we're talking about some of the worst flooding. period month, also in waynesville, so that entire region picking up a lot of rain with a slow-moving storm system that is producing heavy rain across parts of the state of missouri. a number of flash flood warpings in effect and also several watchings. we're not just expecting rain today but even into tomorrow and also into your friday. so you still have several days of more heavy rain expected. we're talking anywhere between 4 to even 6 inches of rain, so another half a foot, bill, is going to fall of rain across parts of missouri into kansas. bill: a lot of flash flooding. march maria, thank you. we'll watch that, thanks.

heather? heather: still to come, republicans to cnn and nbc, if you are on the tv specials -- if you air the tv specials on hillary clinton, you can forget about any republican debate. we debate fair and balanced. bill: kid rock's home is the scene of a break-in. let's just say the perp is lucky the kid wasn't home. ♪ ♪

heather: a michigan man arraigned on burglary charges after police say he tried to break into kid rock's home. a 43-year-old brian keith was held on $75,000 bond. surveillance video shows him using his car to ram the gate at the musician's house. kid rock responding saying this, quote: thank goodness i was not

on the property at the time of this attempted break-in. i'm an avid hunter and marksman, and i will not hesitate to shoot anyone who has myself or my family in fear of our lives. bill: no kidding. don't mess with him. michigan. the chairman of the republican party telling both cnn and nbc to stop production and do not air upcoming hillary clinton movies or biographies, or you'll be cut out of the 2016 republican debate schedule. here is reince priebus. he runs the rnc. he issued the threat first from our show yesterday. roll it. >> it doesn't matter what the movie is like, whether it's critical or not. the fact is they're building up this personality, they're putting it into american culture, they're spending millions of dollars doing it. now, if they want to air our debates, i don't care if they want to air it, they're just not going to have anything to do with them. they're not going to moderate our candidates and slice and dice our party in front of the

entire country. look, we had 23 debates last time. if we have a few less without moderators that are doing the bidding of the democratic party, it's fine with me. bill: tamara holder's a fox news contributor, david webb is host of the david webb radio show, how you doing? dave's playing the roll of eric bolling this week, too, on "the five." what do you think about this? what priebus talks about is the cult of personality that a network creates. >> you know what, bill? in this case i disagree with him. i've been a proud republican since the reagan days. that's not going to change. these kinds of statements are why many across america question the leadership. look, you know that this is a full contact sport. they're going to come after you, cnn, nbc, they can gloss over, rewrite hillary clinton's history all they want. and, one, why are we talking about 2016? let's talk about 2014. two, let's focus on local

control and local issues at the state levels, not just the primary states. this is full contact politics. if you can't go into their arena, make your arguments, make strong arguments and, look, if they want to try and slice and dice, refute them with the facts. bill: so you don't have a problem with this, is that what you're saying? >> no, i think it's a foolish assumption, or a foolish proposal -- bill: i've got you. let me get tamara on the record for this as well. >> i think maybe there was a booking problem here, because i'm shocked that david webb and i actually agree on something. >> that's because i've got it right, tamara, and is you know i'm right. [laughter] >> and i'm always right. but anyway, the fact is this party, the republican party, is a party full of control freaks and people who want to eat their own. if you look at, if you look at somebody like chris christie who was left out of cpac because he had president obama with him after a hurricane, that was a stupid a move. and this is the kind of tactic

that mr. priebus wants to do again. he wants to say not only are we going to not attend or not support these networks, but also keep in mind we're going to penalize you, we're going to penalize you, republican candidates -- bill: because they don't like it. officially on august 7, 2013, the world is upside down because webb agrees with holder, and maureen dowd disagrees with both of you. the chairman of the national committee has a point. clever film makers can offer up delicious souffles of propaganda and storytelling putting a new imprint on the historical record. dave, regardless of the argument you just offered, politics is equal share as well. >> yeah, it is, bill, and, look, i get part of the political calculus going out ahead of this. what i don't see is the overall value in it and, frankly, to the rnc which has lots of money -- and, by the way, we're not a monolistic bloc of a party --

monolithic bloc of a party. they have the money to tell the truth about hillary clinton. we can tell about whitewater -- bill: do you think you'll get that? >> this, by the way, keep in mind this is a miniseries that is not played by hillary clinton, and there are plenty of people within the democratic party and plenty of average americans who are going to sift through whether or not they believe the miniseries that's part of the entertainment part of the network to be fact or fiction. and so, basically, mr. priebus is also saying to the american people you're too dumb to figure out that this is a miniseries, and, you know, you're going to believe it. and so, therefore -- bill: the argument he made is that it's propaganda that's not the full story, and cnn came back and said chill out, wait until you see the final product. i don't know if the final product's going to hit the air, we will see. you've got people coming in from all sides. from the right and the left saying don't do this. dave, we'll give you the last word. >> here's my point on all of

this, bill: play your game and play it better, and that's what we need to do as republicans. make better arguments and focus on the states, focus on 2014. 2016 is a long way away. nbc, by the way, has never been known to deceptively edit anything, we all know that, a la the zimmerman 911 call, so why believe they're going to do everything but gloss over to, rewrite history and try to present hillary as the million mile savior of the world? bill: i remember not too long ago some folks were dissing a certain channel because of the debates as well. it works both ways. tamara, thank you. dave, see you at 5:00. right? [laughter] >> yes, i'll give the plug for him. watch dave at 5:00. bill: crickets. see you guys. heather: it's time to toss it over to jenna lee who is coming up next on "happening now." hi, jenna, what's going on? jenna: drone strikes continue to take out suspected al-qaeda terrorists in yemen.

the besieged nation says it has foiled a major plot as we get new dramatic detail on just what inspired the united states to issue that strong warning, that strong terror alert globally. an al-qaeda conference call? we're going to speak to the journalist who's breaking that story. plus, brett stephens is here from "the wall street journal" on his column, the al-qaeda obama fort. and some amazing new details on what life was like in colonial america. heather: interesting. little history lesson coming up. thank you, jenna. well, hunting season may start early in one small town, and you won't believe what they're aiming at. ♪ ♪ blue skies smiling at me, nothing but blue skies do i see ♪

bill: so you know the manning family, the manning brothers, they can play football. how about tv pitchmen? how about actors and rappers? have you heard? ♪ it's football on your phone, that's what i said. ♪ football on your phone, you can watch it in bed. ♪ take it with you wherever you go -- ♪ show your friends and watch them all go -- [laughter] bill: ely and peyton manning rapping about the wonders of watching football on your phone this season, even brought in pops, he had a cameo near the end of that gig. so we asked you, who's the better rapper, ely or peyton? heather: bill hemmer. from what i hear.

bill: probably not true. however, i think peyton's the better rapper. heather: okay. he wins all around. bill: there you go. heather: well, hunting season may be a bit different in colorado this year. have you heard about this, people taking aim at drones instead of ducks? an ordnance allowing licenses for drone hunting is up for a vote after a 3-3 tie deadlocked the town board of deer trail last night. the town's 548 residents, small town, will now get to decide the matter. and joining us is michael graham who's a radio host on the new england talk network and columnist for the boston herald. he's also a host on the brand new boston herald radio. thank you for joining us. >> happy to be here. thanks for having me. and by the way, i'm from a small town like that, population 211 including livestock. heather: i'm from hartsville, south carolina. very small. >> no, you are not! heather: i am, too, yes. >> well, then you've got to think this is not -- we were

taught better than this when it comes to hunting, you know what i mean? i mean, first of all, my uncle arthur joe in conway, south carolina, said don't shoot thinking you're not going to eat, and i don't even think the cajuns have a recipe for drone gum bow. it's easy to mock these people, their concerns about the expansive surveillance state are completely legitimate. i mean, when you have the nsa literally tracking every phone call you make and according to some reports the ex-keyboard programmer of every keyboard stroke you make, then you have the president saying there is no domestic surveillance, i mean, you have a reason to be distrustful. when you have the irs using your information if you want to join a tea party group to attack you or stop you because of your politics, "the wall street journal" wrote today about attempts by democrats in congress about getting the sec to harass businesses that supported republican causes. all of that creates a climate of legitimate concerns about the

state. heather: so, michael, their concerns are legitimate, but then are they actually, you know, hurting their concerns by doing something so outrageous? i mean, they're not really going to be able to shoot down a drone. >> well, you know, the feds may have a little problem with that. but you hit the nail on the head. they're undermining the legitimate arguments through this frivolous action. i mean, the fact is when you start talking this way, it just feeds the notion on the far left that everybody who has concerns about the obama surveillance state must be a kook, everyone who's worried about the nsa, everyone who's upset about the fact that -- think about this for a second. james rosen's family has had more government surveillance than tamerlan tsarnaev's family did while they were plotting the boston bombing which is very near and dear to us. so there's clearly sothing out of line. you get to dismiss all those concerns. i wish one of the elected officials on the town board had stepped up and said i don't know if this is going to make me

popular, i know people's emotions are high, but we're going to kill this. that's the job of a representative democracy system -- heather: but we all are talking about it, so we'll see. deer trail, colorado, known, by the way, as the home of the world's first rodeo, so going to rope in some drones, i think. >> well, i'm from the south carolina home of the chit lin strut, and i'm far more proud. heather: the chitlin. hadn't heard that in a while. thank you, michael. [laughter] >> thank you. bill: nice. nearly a year after the attacks in benghazi, federal investigators finally file the first criminal charges. what we know about the suspects involved and what we think we know as to where they are today. geoff: i'm the kind of guy who doesn't like being sold to. the last thing i want is to feel like someone is giving me a sales pitch, especially when it comes to my investments. you want a broker you can trust.

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for -- up for a shot at the $425 million jackpot. biggest jackpot ever, $656 million. i read that very fast because we were out of time. heather: we're done. nice being here. bill: see you tomorrow? five a.m.? heather: no. bill: oh! heather: but "happening now" starts now. bill: bye-bye. jenna: right now brand new stories and breaking news. greg greg as the search for justice intensifies for four americans murdered in an ambush in benghazi. for the first time, the u.s. government filing criminal charges in the terror attacks last september 11th. ambassador john bolton weighs in on the breaking developments. prosecutors cannot charge her with murder after a former boss gunned down her husband, but they do think she played a role in all of that, and they say they just caught her in a big lie. the latest twist in the andrea snyderman trial. and big news